Oregon Supreme Court

Opinions Filed in April 2021

Bert Brundige, LLC v. Department of Revenue

ORS 307.827 provides, “logging equipment” refers to equipment used in logging and reforestation; equipment specially designed for activities related to water quality and wildlife habitat protection; and “excavators used in logging road construction, maintenance, reconstruction or improvements.”

Area(s) of Law:
  • Tax Law

Otnes v. PCC Structurals, Inc.

UTCR 21.080(5) authorizes a trial court to relate the filing date of a rejected document back to the original date the document was tendered for filing, if the filing party cures the deficiency identified by the trial court within three days.

Area(s) of Law:
  • Civil Procedure

State ex rel. Kotek v. Fagan

"A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station[.]” ORS 34.110.

Area(s) of Law:
  • Constitutional Law

Walker v. Oregon Travel Information Council

A claim of wrongful discharge requires a plaintiff to identify an important public policy that would be foiled if the plaintiff were discharged; “it is necessary to ‘find’ a public duty, not create one.” Babick v. Oregon Arena Corp., 333 Or 401, 409, 40 P3d 1059 (2002). “The reasonableness of an employee’s belief” about an employer’s violation of law, like the reasonableness determination in civil negligence claims, is a question of fact. Fazzolari v. Portland School Dist. No. 1J, 303 Or 1, 12, 734 P2d 1326 (1987).

Area(s) of Law:
  • Tort Law

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